Can landlords force access to a rented property? What the decision in Stonewater v Harris means

Landlords are often faced with difficulties gaining access to their properties from their tenants for the purposes of carrying out gas safety and/or electrical inspections, repairs or even just routine inspections.

In these circumstances, landlords can apply to the Court for an access injunction which, if granted, could compel their tenants to provide access to their landlord. The issue of whether a landlord can force access to their property has continued to divide Courts, with decisions having been made both in favour of and against the granting of a “forced access” injunction.

What is a “forced access” injunction?

A “forced access” injunction is an access injunction (i.e. an order requiring a tenant to give their landlord access to their property) which permits the landlord to gain access in circumstances where the tenant refuses to allow the landlord to access the property.

Whilst there is currently no binding, higher authority on the issue, the recent decision in the County Court of Southampton in the case of Stonewater v Harris [2026] EWCC 42 is another in favour of granting “forced access” injunctions.

In this case, the question of whether the Court can authorise a landlord to force entry to a tenant’s home where the tenant fails to provide access was explored, along with the question of whether CPR 70.2A(2) can be extended and used by a landlord as a means of obtaining a “forced access” injunction.

What is CPR 70.2A(2)?

CPR 70.2A(2) provides that if a mandatory order, an injunction, a judgment or an order for the specific performance of a contract is not complied with, then the Court may direct that the act be done by another person or party. Courts recently have been grappling with the concept of whether they have the power to order that the landlord allow themselves access to a tenant’s property to enable compliance with an access injunction. This is potentially problematic in the case of a tenancy and there have been decisions both for and against using this power in this way.

In Stonewater, His Honour Judge Glen held that Deputy/District Judges do, in principle, have the power to make orders permitting forced entry to rented properties for the purposes of carrying out gas and electrical safety inspections under CPR 70.2A(2).

When is a Court likely to grant a “forced access” injunction?

HHJ Glen accepted that the relevant “act” for the purposes of CPR 70.2A is not simply just opening a door to their landlord but enabling access to occur. In his judgment, HHJ Glen also provided useful guidance for landlords on when a “forced access” injunction is likely to be awarded, including that:

• A landlord should have already obtained an injunction for access, and the tenant has breached that injunction by failing to allow access – as the granting of a “forced access” injunction is likely to interfere with a tenant’s property rights and will not typically be made at the first hearing;
• Information about the tenant’s circumstances should be given in the application, including vulnerabilities, needs and contact made with the tenant to date and any response received;
• At least 48 hours’ notice should be given before the forced entry takes place;
• Installing a key safe for the property would be good practice and the order for forced access can include this provision, enabling future access to the property where necessary. It may also be prudent to include within the order an obligation on the tenant to keep a key within the key safe.

The decision in Stonewater affirms what His Honour Judge Berkley said in Sovereign Housing Association Ltd v Hall in July 2024 (Bristol County Court) in that a Judge at County Court level is empowered under CPR 70.2A(2) to order that a landlord may force access to the property to carry out the necessary inspection, provided an access injunction had already been granted and the tenant had failed to comply with the request for access.

What does this mean for landlords?

This is an important case for landlords, but there are still differing decisions between County Courts and until there is authority from a higher Court or further guidance published, landlords should exercise caution when approaching the issue of access. There is, however, certainly a trend in favour of granting “forced access” injunctions, but with no binding authority at present, Stonewater is to be used as guidance only.

Key takeaways

The Stonewater decision provides helpful guidance for landlords dealing with persistent refusals of access. While it should not be used as authority for a general right for landlords to force entry into a tenant’s home, it confirms that the Court may be prepared to grant a “forced access” injunction order, having regard to the guidance given by HHJ Glen set out above.

As the law continues to develop, landlords should approach these situations carefully and seek legal advice before taking action.

For more information regarding access injunctions or the issues social landlords are facing more generally, please contact Liam Musgrave at [email protected] or 0191 211 7736.